Legal Opinion

Pires v. Ortiz

Appellate Division of the Supreme Court of the State of New York

Decided May 10, 2005PublishedCited by 5 opinions

1Opinion of the Court

*264Order, Supreme Court, Bronx County (Bertram Katz, J.), entered March 30, 2004, which denied defendants’ motion to vacate a default judgment, unanimously affirmed, without costs.

The motion court properly rejected defendants’ claim that they reasonably believed that at all relevant times the action, commenced in June 2000, was being defended by their insurance carrier. It appears that several weeks after defendants mailed the summons and complaint to the carrier as instructed by their insurance broker, the documents were returned to them in the same envelope in which they were sent, albeit…

2Cases cited2 opinions

  1. Time Warner City Cable v. Tri State Auto, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Kent v. Fearless Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1991

3Cited by5 opinions

  1. Youni Gems Corp. v. Bassco Creations Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Langomas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  3. Tao Liu v. Sobin ChangAppellate Division of the Supreme Court of the State of New York · 2024
  4. Tao Liu v. Sobin ChangAppellate Division of the Supreme Court of the State of New York · 2024
  5. Agosto v. Western Beef Retail, Inc.Appellate Division of the Supreme Court of the State of New York · 2019

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